By Allen, Greenberg H.B. No. 1397
74R5750 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to administrative procedures for the enforcement of
1-3 certain child support obligations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 14.80(7), Family Code, is amended to read
1-6 as follows:
1-7 (7) "Child support review officer" means an individual
1-8 designated and trained by a child support agency to conduct reviews
1-9 under this subchapter <who has received certified family law
1-10 mediation training>.
1-11 SECTION 2. Section 14.802, Family Code, is amended to read
1-12 as follows:
1-13 Sec. 14.802. CHILD SUPPORT REVIEW PROCESS: GENERAL
1-14 PROVISIONS. (a) The purpose of the child support review process
1-15 authorized under this subchapter is to provide child support
1-16 agencies an opportunity to resolve routine child support actions
1-17 through <negotiations and by> the agreement of the parties or
1-18 through agreeing to uncontested orders.
1-19 (b) To the extent permitted by this subchapter, child
1-20 support agencies shall make the child support review process
1-21 understandable to all parties and shall encourage agreements
1-22 <through mediation>.
1-23 <(b) An administrative action under this subchapter may be
1-24 initiated by the issuance of a notice of child support review under
2-1 Section 14.803 of this code by a child support agency.>
2-2 (c) In a child support review under this subchapter, a child
2-3 support agency may issue an administrative subpoena to <a parent, a
2-4 person presumed or alleged to be the father of a child for whom
2-5 support is sought, or> any individual or organization believed to
2-6 have information on the financial resources of a <the> parent or
2-7 presumed or alleged father. A court may compel compliance with an
2-8 administrative subpoena and award attorney's fees and costs to a
2-9 child support agency enforcing an administrative subpoena on proof
2-10 that an individual or organization failed to comply with the
2-11 subpoena without good cause.
2-12 (d) A child support agency may use any information obtained
2-13 by the agency from the parties or from any other source and shall
2-14 apply the child support guidelines in this chapter to <To>
2-15 determine the appropriate amount of child support<, in applying the
2-16 child support guidelines in this code, a child support agency shall
2-17 use any information obtained by the child support agency through a
2-18 notice of child support review or any other source>. If the child
2-19 support agency determines that the support amount in an existing
2-20 child support order is not in substantial compliance with the
2-21 guidelines, the child support agency shall issue an appropriate
2-22 child support review order, including a review order that<,
2-23 notwithstanding Section 14.08 of this code,> has the effect of
2-24 modifying an existing order for child support without the necessity
2-25 of filing a motion to modify.
2-26 (e) A notice required in an administrative action under this
2-27 subchapter must be delivered or served by first class mail or
3-1 certified mail on each party entitled to citation or notice as
3-2 provided under Section 11.09 of this code. This subsection only
3-3 applies to the administrative process and does not apply to the
3-4 notice required to be served on the filing of a child support
3-5 review order or to a subsequent judicial proceeding.
3-6 (f) <If notice is served by mail in an administrative action
3-7 under this subchapter, three days must be added to both the time in
3-8 which the person is required to respond and the time by which the
3-9 person is entitled to notification of a hearing.>
3-10 <(g)> A notice or other form used to implement the child
3-11 support review process shall <must> be printed in both Spanish and
3-12 English. If a party participating in a negotiation conference
3-13 <under Section 14.804 of this code> does not speak English or is
3-14 hearing impaired, the child support agency shall provide for
3-15 interpreter services at no charge to the parties.
3-16 (g) The attorney general shall conduct a study to determine
3-17 and compare the cost of child support enforcement through use of
3-18 the child support review process authorized by this subchapter and
3-19 the cost of child support enforcement by the attorney general
3-20 through use of other enforcement mechanisms available under this
3-21 chapter. The attorney general shall report the results of this
3-22 study to the governor and the legislature not later than September
3-23 1, 1996, and shall include in the report recommendations regarding
3-24 statutory amendments for improving judicial and administrative
3-25 processes for child support enforcement. This subsection expires
3-26 September 2, 1996.
3-27 SECTION 3. Section 14.803, Family Code, is amended to read
4-1 as follows:
4-2 Sec. 14.803. NOTICE OF CHILD SUPPORT REVIEW; ASSESSMENT OF
4-3 FINANCIAL RESOURCES. (a) A child support agency may initiate an
4-4 administrative action under this subchapter by issuing a notice of
4-5 child support review to each party entitled to notice <and assess
4-6 the financial resources of the child's parents or of a person
4-7 presumed or alleged to be the child's father from whom child
4-8 support is sought to determine the resources that are available for
4-9 the support of the child and to determine what action is
4-10 appropriate. The child support agency shall notify the parents of
4-11 a child and the presumed or alleged father of a child of a child
4-12 support review by delivering to the person a notice of child
4-13 support review>.
4-14 (b) The notice of child support review must:
4-15 (1) describe the procedure for a child support review;
4-16 (2) inform the recipient that the recipient <is not
4-17 required to participate in the child support review and> may be
4-18 represented by legal counsel during the review process or at a
4-19 court hearing;
4-20 (3) inform the recipient that the recipient may refuse
4-21 to participate or cease participation in the child support review
4-22 process, but that the refusal by the recipient to participate will
4-23 not prevent the completion of the process or the filing of a child
4-24 support review order <during any stage of the review but that the
4-25 review will continue to completion and that afterward the recipient
4-26 may request a court hearing>;
4-27 (4) include an affidavit of financial resources; <and>
5-1 (5) include a request that the recipient designate, on
5-2 a form provided by the child support agency, an address for mailing
5-3 any additional notice to the recipient; and
5-4 (6) inform the recipient that<.>
5-5 <(c) In addition to the information required by Subsection
5-6 (b) of this section, the notice of child support review must inform
5-7 the recipient that:>
5-8 <(1) the information requested on the form must be
5-9 returned to the child support agency not later than the 15th day
5-10 after the date the notice is received or delivered; and>
5-11 <(2)> if the requested information is not returned
5-12 before the 15th day after the date notice is received <as
5-13 required>, the child support agency may:
5-14 (A) <may> proceed with the review using the
5-15 information that is available to the agency; and
5-16 (B) <may> file a legal action without further
5-17 notice to the recipient, except as otherwise required by law.
5-18 SECTION 4. Section 14.804, Family Code, is amended to read
5-19 as follows:
5-20 Sec. 14.804. NEGOTIATION CONFERENCE. (a) The child support
5-21 agency shall schedule a negotiation conference on the timely
5-22 request made by a party <A person who receives a notice of child
5-23 support review and who completes an affidavit of financial
5-24 resources may request, at the time the affidavit of financial
5-25 resources is returned, a negotiation conference in an effort to
5-26 reach an agreement>. The child support agency may schedule a
5-27 negotiation conference without a request from a <regard to whether
6-1 a conference is requested by any> party. A negotiation conference,
6-2 or any part of a negotiation conference, may be conducted by
6-3 telephone conference call or by video conference as well as in
6-4 person. The negotiation conference may be adjourned for a
6-5 reasonable time to permit mediation of issues that cannot be
6-6 resolved by the parties and the child support agency.
6-7 (b) <A negotiation conference under this section shall be
6-8 held not later than the 45th day after the date all notices of
6-9 child support review have been sent to the parties to the action.>
6-10 <(c)> All parties entitled to notice of the negotiation
6-11 conference shall be notified of the date, time, and place of the
6-12 negotiation conference not later than the 10th day before the date
6-13 of the negotiation conference.
6-14 (c) <(d)> A negotiation conference may be rescheduled or
6-15 adjourned on the request of any party, at the discretion of the
6-16 child support review officer, and all parties must be given timely
6-17 notice of the rescheduling. <All parties shall be sent notice not
6-18 later than the third day before the date of the rescheduled
6-19 negotiation conference.>
6-20 (d) <(e)> At the beginning of the negotiation conference,
6-21 the child support review officer shall review with the <inform all>
6-22 parties participating in the conference information provided in the
6-23 notice of child support review and inform the parties <in
6-24 attendance> that:
6-25 (1) the purpose of the negotiation conference is to
6-26 provide an opportunity <attempt> to reach an agreement on a
6-27 <regarding> child support order <payments>;
7-1 (2) <a party does not have to participate in the
7-2 negotiation conference and may request a court hearing;>
7-3 <(3) a party may be represented by an attorney chosen
7-4 by the party;>
7-5 <(4) the parties may stop participating in the
7-6 negotiation conference at any time but that the child support
7-7 review will continue until completed, and, if a child support
7-8 review order is issued, a party may request a court hearing;>
7-9 <(5)> if the parties reach an agreement, the review
7-10 officer will prepare an agreed review order <for the parties'
7-11 signatures>;
7-12 (3) <(6)> a party does not have to sign a review order
7-13 prepared by the child support review officer; and
7-14 (4) if a child support review order is issued, <(7)
7-15 even though> a party <signs an agreed review order, the party> may
7-16 request a court hearing at any time before the 20th day after the
7-17 date a petition for confirmation of the order is filed <the child
7-18 support review order is confirmed by a court>.
7-19 (e) <(f)> For the purposes of this subchapter, documentary
7-20 evidence relied on by the child support review officer, including
7-21 an <a written> affidavit of a party, together with<, the written
7-22 findings, and> the child support review order is <from a
7-23 negotiation conference are> a sufficient record of the proceedings.
7-24 A child support agency is not required to make any other record or
7-25 transcript of a <the> negotiation conference.
7-26 (f) <(g)> If a negotiation conference results in an
7-27 agreement <by all parties>, the <a> child support review order must
8-1 be signed by each party who agrees to the order, must contain the
8-2 provisions required by Section 14.805, <all parties to the action>
8-3 and, as to each party in agreement with the order, must contain:
8-4 (1) a waiver by the <each> party of the right to
8-5 service <and> of process, <the right to> a <court> hearing, and the
8-6 making of a record on the petition for confirmation;
8-7 (2) the mailing address of the <each> party; and
8-8 (3) the following statement printed on the order in
8-9 boldfaced type or in all capital letters:
8-10 "I KNOW THAT I DO NOT HAVE TO SIGN THIS <AGREED> CHILD
8-11 SUPPORT REVIEW ORDER. I KNOW THAT I HAVE A RIGHT TO BE
8-12 PERSONALLY SERVED WITH THE PETITION FOR CONFIRMATION OF
8-13 THIS ORDER <HAVE A COURT HEAR EVIDENCE AND MAKE A
8-14 DECISION IN THIS MATTER> BUT IF I SIGN THIS ORDER, I
8-15 LOSE THAT RIGHT. I KNOW THAT I HAVE A RIGHT TO CHANGE
8-16 MY MIND AND WITHDRAW MY AGREEMENT TO THE TERMS OF THIS
8-17 ORDER AND REQUEST THAT A COURT DECIDE THIS MATTER BY
8-18 FILING A REQUEST FOR COURT HEARING AT ANY TIME BEFORE
8-19 THE 20TH DAY AFTER THE DATE THE PETITION FOR
8-20 CONFIRMATION OF THE ORDER IS FILED WITH THE CLERK OF
8-21 THE COURT. I KNOW THAT IF I FAIL TO FILE A REQUEST FOR
8-22 A COURT HEARING A COURT MAY CONFIRM AND APPROVE THIS
8-23 ORDER WITHOUT A HEARING AND THE ORDER WILL BECOME A
8-24 VALID COURT ORDER. I KNOW THAT IF I DO NOT OBEY THE
8-25 TERMS OF THIS ORDER I MAY BE HELD IN CONTEMPT OF
8-26 COURT."
8-27 (g) <(h)> If the negotiation conference does not result in
9-1 agreement by all parties to the <an agreed> child support review
9-2 order, the review officer shall promptly issue and sign a final
9-3 decision in the form of a child support review order or a
9-4 determination that <not later than the fifth day after the date of
9-5 the negotiation conference unless the review officer provides
9-6 specific reasons why> a child support review order should not
9-7 <cannot> be issued.
9-8 (h) If <(i) On the day that a child support review order is
9-9 issued or if> a determination is made that a child support order
9-10 will not be issued, each party to a child support review proceeding
9-11 shall be furnished immediately by hand delivery or by mail <a copy
9-12 of the order or the> notice of the <a> determination that an order
9-13 will not be issued.
9-14 (i) <(j)> A determination <finding by the review officer>
9-15 that a child support review order should <is> not be issued must
9-16 include a statement of the reasons why an order is not being
9-17 issued. The determination <appropriate> does not affect the right
9-18 of the child support agency or a <any other> party to seek any
9-19 other remedy <proceed in any matter> provided by law.
9-20 (j) <(k)> The review officer may vacate a child support
9-21 review order on the officer's own motion at any time before the
9-22 order is filed with the court. A new negotiation conference, with
9-23 notice to all parties, may <shall> be scheduled or the officer may
9-24 make a determination that a child support review order should not
9-25 be issued and give notice of that determination as provided by this
9-26 subchapter <to take place not later than the 10th day after the
9-27 date the child support review order was vacated>.
10-1 SECTION 5. Section 14.805, Family Code, is amended to read
10-2 as follows:
10-3 Sec. 14.805. CONTENTS OF CHILD SUPPORT REVIEW ORDER. A
10-4 child support review order <under this subchapter> must contain all
10-5 provisions that are appropriate for an order under this title,
10-6 including<. A child support review order may contain other>
10-7 provisions for the establishment, modification, or enforcement of a
10-8 child support or medical support order, <and> for the establishment
10-9 of paternity, and for a determination of arrearages or retroactive
10-10 support. A child support review order that establishes or modifies
10-11 an amount of previously ordered support must include the findings
10-12 required by Section 14.057. A child support review order that is
10-13 not agreed to by all the parties may specify and reserve for the
10-14 court at the confirmation hearing unresolved issues relating to
10-15 conservatorship or possession of a child. A child support review
10-16 order <providing for the enforcement of an order> may not contain a
10-17 provision that imposes incarceration or a fine or contains a
10-18 finding of contempt.
10-19 SECTION 6. Section 14.806, Family Code, is amended to read
10-20 as follows:
10-21 Sec. 14.806. PETITION FOR CONFIRMATION OF CHILD SUPPORT
10-22 REVIEW ORDER; DUTIES OF CLERK OF COURT. (a) The child support
10-23 agency shall file a petition for <of> confirmation with the clerk
10-24 of the court having continuing jurisdiction of the child who is the
10-25 subject of the order. If there is not a court of <that has>
10-26 continuing jurisdiction, the child support agency shall file the
10-27 petition for confirmation with the clerk of a court having
11-1 jurisdiction under this title.
11-2 (b) The petitioner <A petition> for confirmation shall
11-3 <must> include the final child support review order as an
11-4 attachment <and a form for a party to request a court hearing as
11-5 attachments> to the petition. Each affidavit of financial
11-6 resources provided by <for> a party <to the order that was
11-7 completed by the party> and any other documentary evidence relied
11-8 on by the child support agency, including, if applicable, <a
11-9 verified written report of a paternity testing expert concerning
11-10 the results of paternity testing conducted in the case or> a
11-11 statement of paternity or a written report of a paternity testing
11-12 expert, shall be filed with the clerk as exhibits to the petition,
11-13 but are not required to be served on the parties. The petition
11-14 must identify the exhibits that are filed with the clerk.
11-15 (c) On the filing of a petition for confirmation <under this
11-16 section>, the clerk of court shall endorse on the petition the date
11-17 and time that the petition is filed <and sign the endorsement>. If
11-18 the petition is for an original action, the clerk shall endorse the
11-19 appropriate court and cause number on the petition. If the
11-20 petition is to confirm an agreed child support review order under
11-21 this subchapter, the child support agency <clerk> shall mail to
11-22 each party that agreed to the order, at the address shown on the
11-23 order, a copy of the petition with <and written notice of the
11-24 filing of the petition that states> the court, date of filing, and
11-25 cause number of the case. The child support agency shall file a
11-26 certificate of service showing the date of the mailing to each
11-27 party <clerk shall note on the docket that the notice was mailed>.
12-1 The <If the petition is to confirm an order other than an agreed
12-2 order, the> clerk shall issue service of citation, including a copy
12-3 of the petition and the child support review order, to each party
12-4 entitled to service who has not waived service.
12-5 (d) A clerk of a district court is entitled to collect a fee
12-6 for:
12-7 (1) the filing of a petition under this section as
12-8 provided by Section 51.317(b)(1), Government Code;
12-9 (2) the issuance of notice or process as provided by
12-10 Section 51.317(b)(4), Government Code; and
12-11 (3) service of process <notice or citation> as
12-12 provided by Section 51.319(4), Government Code, or as otherwise
12-13 provided by law.
12-14 (e) The <In addition to attaching a copy of a form to
12-15 request a court hearing to a party's copy of the petition for
12-16 confirmation of a child support review order, the> child support
12-17 agency shall make available to the clerk of court and to a party to
12-18 the child support review proceeding on the party's request a form
12-19 to request a court hearing. The clerk shall furnish the form to a
12-20 party to a proceeding under this section on the request of the
12-21 party. A court shall consider any responsive pleading <filed under
12-22 this section> that is intended as an objection to confirmation of a
12-23 child support review order, including a general denial, as a
12-24 request for a court hearing.
12-25 SECTION 7. Section 14.807, Family Code, is amended to read
12-26 as follows:
12-27 Sec. 14.807. CONFIRMATION OF CHILD SUPPORT REVIEW ORDER.
13-1 (a) <The court shall refer a proceeding that results from a child
13-2 support review to a master appointed under this subchapter. If a
13-3 master is not appointed, the judge of the court shall preside over
13-4 the proceedings.>
13-5 <(b)> Not later than the 30th day after the date a petition
13-6 for confirmation of a <an agreed> child support review order that
13-7 includes waivers by all parties is filed, the court shall confirm
13-8 the terms and provisions of the order by signing a confirmation
13-9 order unless a request for a court hearing is timely filed <or the
13-10 court sets a hearing as provided by Subsection (d) of this
13-11 section>.
13-12 (b) <(c)> Not later than the 30th day after the date of
13-13 service on the last party to be served with citation of a petition
13-14 for confirmation for a child support review order that does not
13-15 include waivers by all parties <other than an agreed child support
13-16 review order>, the court shall confirm the terms and provisions of
13-17 the order by signing a confirmation order unless a request for a
13-18 court hearing is timely filed <or the court sets a hearing as
13-19 provided by Subsection (d) of this section>.
13-20 (c) <(d) If the court finds that confirmation of a child
13-21 support review order without a hearing would not be in the best
13-22 interests of a child who is the subject of the order, the court may
13-23 stay confirmation of the order and schedule a hearing. The order
13-24 setting the hearing on the confirmation of the order must state the
13-25 court's specific reasons for conducting the hearing.>
13-26 <(e)> A party may file a request for a court hearing not
13-27 later than the 20th day after the date the petition for
14-1 confirmation of a child support review order is served or mailed as
14-2 provided by this subchapter <an agreed administrative order is
14-3 filed or not later than the Monday following the 20th day after the
14-4 date the party received service of citation in a case involving the
14-5 confirmation of any other type of order>.
14-6 (d) A party that <(f) On the> timely files <filing of> a
14-7 request for a court hearing<, all issues in the child support
14-8 review order> shall receive <be heard in> a de novo hearing before
14-9 the court. The petition for confirmation and the child support
14-10 review order constitute a sufficient pleading by the child support
14-11 agency <for relief on any issue addressed in the petition and
14-12 order>. The request for hearing may limit the scope of the de novo
14-13 hearing by specifying the issues that are in dispute.
14-14 (e) <(g)> A court shall hold a hearing on the confirmation
14-15 of a child support review order not later than the 30th day after
14-16 the date the last <court determines that a hearing should be held
14-17 or a> party to be served files a timely request for a court
14-18 hearing.
14-19 (f) <(h)> After the hearing on the confirmation of a child
14-20 support review order, the court shall:
14-21 (1) if the court finds that the order should be
14-22 confirmed, immediately sign a confirmation order and enter the
14-23 order as an order of the court;
14-24 (2) if the court finds that the relief granted in the
14-25 child support review order is inappropriate, sign an appropriate
14-26 order at the conclusion of the hearing or as soon after the
14-27 conclusion of the hearing as is practical and enter the order as an
15-1 order of the court; or
15-2 (3) if the court finds that all relief should be
15-3 denied, enter an order that denies relief and includes specific
15-4 findings explaining the reasons that relief is denied.
15-5 (g) <(i)> On the signing of a confirmation order by the
15-6 judge of the court, the child support review order becomes a final
15-7 order <judgment> of the court.
15-8 SECTION 8. Section 14.808, Family Code, is amended to read
15-9 as follows:
15-10 Sec. 14.808. SPECIAL CHILD SUPPORT REVIEW PROCEDURES
15-11 RELATING TO ESTABLISHMENT OF PARENTAGE <PATERNITY>. (a) If the
15-12 parentage <paternity> of a child has not been established <by court
15-13 order>, the notice of child support review served on the parties
15-14 must include an allegation that the recipient <alleged father> is a
15-15 <the> biological parent <father> of the child. The notice shall
15-16 inform the parties that the alleged father of the child may sign a
15-17 statement of paternity and that any party may request that
15-18 scientifically accepted parentage <paternity> testing be conducted
15-19 to assist in determining the identities of <whether the alleged
15-20 father is> the child's parents <father>.
15-21 (b) A negotiation conference shall be conducted to resolve
15-22 any issues of support in an action in which all parties agree as to
15-23 <that the alleged father is> the child's parentage <biological
15-24 father>.
15-25 (c) If a party denies parentage <that the alleged father is
15-26 the child's biological father or, in the case of a presumed father,
15-27 if either party files a verified denial of paternity>, the child
16-1 support agency may schedule parentage <paternity> testing. If
16-2 either party fails or refuses to participate in administrative
16-3 parentage testing, the child support agency may file a child
16-4 support review order with a request for court-ordered parentage
16-5 testing. The court shall follow the procedures and may impose the
16-6 sanctions provided by Chapter 13 to obtain compliance with the
16-7 parentage testing order. The court shall confirm the child support
16-8 review order as a temporary or final order of the court only after
16-9 an opportunity for parentage testing has been provided.
16-10 (d) If parentage <paternity> testing does not exclude the
16-11 alleged parent and <father from being the child's father and a
16-12 party continues to deny that the alleged father is the child's
16-13 biological father, the child support agency may schedule a
16-14 negotiation conference as provided by this subchapter. If> the
16-15 results of a verified written report of a parentage <paternity>
16-16 testing expert meet the requirements of Section 13.04 of this code
16-17 for issuing a temporary order, the child support agency may issue a
16-18 child support review order.
16-19 (e) If the results of parentage <paternity> testing exclude
16-20 an <the> alleged parent <or presumed father> from being the
16-21 biological parent <father> of the child, the child support agency
16-22 shall issue a child support review order that declares that the
16-23 excluded person <alleged or presumed father> is not a parent <the
16-24 father> of the child. Any party may file a petition for
16-25 confirmation of a child support review order issued under this
16-26 subsection.
16-27 SECTION 9. (a) This Act takes effect September 1, 1995.
17-1 (b) The change in law made by this Act applies only to a
17-2 child support review for which notice is given on or after the
17-3 effective date of this Act. A child support review for which
17-4 notice is given before that date is governed by the law in effect
17-5 at the time notice was given, and the former law is continued in
17-6 effect for that purpose.
17-7 SECTION 10. The importance of this legislation and the
17-8 crowded condition of the calendars in both houses create an
17-9 emergency and an imperative public necessity that the
17-10 constitutional rule requiring bills to be read on three several
17-11 days in each house be suspended, and this rule is hereby suspended.